Marginal note:Review of decision under Part 2 or 3.1
83 Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 2 or 3.1 or under this section.
- 2005, c. 21, s. 83;
- 2015, c. 36, s. 220.
Marginal note:Review of decisions under Part 3
84 The Minister may, on the Minister’s own motion, review a decision under Part 3 and may either confirm the decision or amend or rescind it if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so, on application, if new evidence is presented to the Minister.
Marginal note:Review by Board
85 An applicant who is dissatisfied with a decision made by the Minister under Part 3 or under section 84 may apply to the Board for a review of the decision.
Marginal note:Permission of Board required
86 The Minister may not consider an application made under Part 3 or under section 84 that has already been the subject of a determination by the Board unless
(a) the applicant has obtained the permission of the Board; or
(b) the Board has referred the application to the Minister for reconsideration.
Marginal note:Representation of applicant
87 In all proceedings under section 84 or 85, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.
Definition of overpayment
88 (1) In this section, overpayment means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.
Marginal note:Recovery of overpayment
(2) If, through any cause, an overpayment is paid to a person or their estate or succession, the overpayment is a debt due to Her Majesty by the person or by their estate or succession, and may be recovered
Marginal note:Remission of overpayment
(3) If a person or their estate or succession has received or obtained an overpayment, the Minister may, unless that person or the executor of the estate or the liquidator of the succession has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that
(a) the overpayment cannot be recovered within the reasonably foreseeable future;
(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;
(c) the repayment of the overpayment would cause undue hardship to the person or a beneficiary; or
(d) the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration.
Marginal note:Erroneous payments of benefits or allowances
(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration and has been remitted under paragraph (3)(d);
(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;
(c) the cancellation or reduction of the benefit or allowance would, in the opinion of the Minister, cause undue hardship to the person; and
(d) the benefit or allowance has been paid to the person for five years or more.
Marginal note:Recovery of overpayments
(5) If a person retains any amount of a member’s or a veteran’s compensation paid after the member’s or veteran’s death and to which the member or veteran was not entitled, that amount may be deducted from any compensation paid to that person.
- 2005, c. 21, s. 88;
- 2015, c. 36, s. 221.
Marginal note:Not to be assigned or charged
Marginal note:Exemption from seizure and execution
(2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.
Marginal note:No interest payable
90 Except in the case of amounts payable to a member or a veteran who makes an election referred to in paragraph 52.1(1)(b) or (c) or subsection 52.1(5) or who is deemed to have made an election under subsection 52.1(6), no interest shall be paid in respect of any compensation that is payable under this Act.
- 2005, c. 21, s. 90;
- 2011, c. 12, s. 16.
91 No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.
Definition of action
92 (1) In this section, action means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act.
Marginal note:Stay of action against Crown until compensation refused
(2) An action that is not barred by virtue of section 9 of the Crown Liability and Proceedings Act shall, on application, be stayed until an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim has been made, and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought, and,
(a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section 83 in respect of the application; and
(b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with the Veterans Review and Appeal Board Act.
Marginal note:Certificates as evidence
93 (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate.
Marginal note:Documents as evidence
(2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.
Marginal note:Governor in Council
94 The Governor in Council may make regulations
(a) respecting the time and manner of making an application for career transition services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;
(b) respecting the time and manner of payment of compensation under this Act;
(c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 3;
(d) providing for the payment or the reimbursement of fees for financial advice;
(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information, declaration or document is provided;
(f) respecting the procedure to be followed by the Minister in suspending or cancelling rehabilitation services, vocational assistance or payment of compensation;
(g) providing for a review of any decisions made under Part 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;
(h) respecting the time and manner of making an application for a review under sections 83 and 84;
(i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act;
(i.1) respecting the determination of an amount of interest for the purposes of the description of C in paragraph 52.1(1)(b);
(i.2) respecting the determination of lump sums for the purpose of subsections 52.1(5) and (6);
(j) prescribing any matter required or authorized by this Act to be prescribed;
(j.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and
(k) generally, for carrying out the purposes and provisions of this Act.
- 2005, c. 21, s. 94;
- 2011, c. 12, s. 17;
- 2015, c. 36, s. 222.
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